Mangham v. Hotel & Restaurant Supply Co.

Russell, Judge.

1. Mutual mistake may be a good defense in law to the enforcement of a contract. Code § 20-308. But a defendant seeking in a court of law to avoid his contract for this reason must allege the grounds of the mistake as fully as he would be required to do in a court of equity. Lowery v. Davidson, 44 Ga. 38 (3); Hargrove v. Bledsoe, 78 Ga. App. 107 (50 SE 223). This means that the pleading must show the particular mistake and illustrate how it occurred, why the terms of the contract which the pleader insists should have been inserted were left out, or how terms not agreed upon…